Frederick et al. v. ExamSoft Worldwide, Inc.
Originally Cir. Ct. Cook County 2021-CH-01276; removed to N.D. Ill. as 1:21-cv-02190 on 4/22/2021; settlement docketed in DuPage County as 2021L001116
Court
Cir. Ct. Cook County, removed to N.D. Ill., settlement-docket Cir. Ct. of the 18th Judicial Circuit, DuPage County (Judge David E. Schwartz)
Plaintiffs
Putative class of Illinois students who used ExamSoft (Examplify, ExamMonitor) Jan 2020 to May 2021, including a St. George's School of Medicine subclass and an Illinois Bar Exam subclass
Defendants
ExamSoft Worldwide, Inc. (renamed ExamSoft Worldwide LLC October 2020)
Causes of action
BIPA Sections 15(a), (b)
Settlement
$2,250,000
Allegations
ExamSoft's facial-recognition and AI-driven proctoring tools collected and stored Illinois students' face geometry without informed written consent or a publicly available retention/destruction schedule.
Outcome / Status
Settled. Service awards of $5,000 to each class representative; ExamSoft also agreed (5/6/2021) to update its notices and consents to be BIPA-compliant going forward.
Appellate history
None